29 Nov 2023
FURSDON v BRIAN BARCLAY TRUSTEE LIMITED [2023] NZHC 3422
- Citation
- [2023] NZHC 3422
- Court
- High Court
The court ordered sale by public tender and directed net proceeds be distributed 57% to the plaintiff and 43% to the second defendant (with the latter's share first applied to repay the outstanding mortgage) because the partnership agreement and the plaintiff's sworn concession fixed the parties' shares, there was no evidence of risk of dissipation to justify withholding funds, and the plaintiff's undertaking provided adequate protection pending Family Court proceedings.
- Sale order under s343 property law act
- Partnership property division
- Contracting-out agreement (property (relationships) act)
- Summary judgment/interim distribution
- Undertaking to court
- Stay and transfer to family court